How a DUI Conviction Affects Your CDL in Colorado
A conviction for driving under the influence (DUI) is always serious, but for commercial drivers, the consequences can be career-ending.
In Colorado, DUI charges don’t just carry standard penalties like fines or jail time. They also trigger automatic disqualifications and commercial license suspension timelines under both state and federal law.
At The Bussey Law Firm, P.C., we’ve represented numerous commercial drivers facing DUI charges in Colorado Springs and El Paso County. Our law firm understands how high the stakes are, and we know the best legal strategies for getting the charges against you dropped or reduced.
If you’re a truck driver, bus driver, or any commercial motor vehicle (CMV) operator, understanding the DUI CDL consequences in Colorado is essential to protecting your livelihood.
CDL Holders Are Held to a Higher Standard
Under both Colorado law and federal regulations set by the Federal Motor Carrier Safety Administration (FMCSA), commercial driver’s license (CDL) holders are held to stricter standards than non-commercial drivers.
Key differences:
- The legal blood alcohol concentration (BAC) limit for CMV operation is 0.04%, half the legal limit for non-commercial drivers.
- DUI rules apply even if the offense occurred while driving a personal vehicle.
- CDL holders cannot take advantage of certain plea bargains or deferred judgments without risking license disqualification.
DUI Rules in Colorado
Colorado law aligns closely with federal CDL regulations, meaning that penalties for commercial drivers are harsh and often automatic.
First DUI Offense (in a personal or commercial vehicle)
- 1-year disqualification of your CDL
- 3-year disqualification if you were transporting hazardous materials at the time
- Additional penalties include fines, possible jail time, alcohol education, and the loss of insurance
Second DUI Offense
- Lifetime CDL disqualification, with the possibility of reinstatement after 10 years (under limited conditions and only if no further violations occur)
These rules apply whether you’re convicted under criminal law or lose your license through administrative action by the Colorado Department of Revenue.
Even if you are not convicted in court, refusing a chemical test or failing a breathalyzer can result in an administrative suspension, which also disqualifies your CDL under DOT DUI rules in Colorado.
Commercial License Suspension
If you’re arrested for DUI, your CDL is not protected by your regular driver’s license privileges. In most cases:
- A Notice of Express Consent Affidavit and Notice of Revocation is issued immediately
- You must request a DMV hearing within 7 days to contest the revocation
- If not contested (or if the hearing is lost), your CDL disqualification begins automatically
This means you may lose your ability to drive commercially long before a criminal conviction is entered.
Additional DUI CDL Consequences in Colorado
- Difficulty obtaining employment as a commercial driver, even after reinstatement
- Higher insurance premiums or inability to get commercial insurance
- Job termination due to company policies or insurance restrictions
- Disqualification from driving for certain employers, such as government agencies or hazardous material carriers
These penalties are often non-negotiable and are not eligible for early reinstatement in most cases.
What Happens if You Were Driving Your Personal Vehicle?
One of the most common misconceptions among CDL holders is that DUI penalties don’t apply if they were off duty and driving their own vehicle. In Colorado, this simply isn’t true. CDL DUI rules apply regardless of the vehicle involved, and many employers treat any alcohol-related traffic offense as grounds for termination, particularly in federally regulated industries.
- If you’re convicted of DUI in your personal vehicle, your CDL will still be disqualified.
- This includes per se DUIs (BAC ≥ 0.08%), driving under the influence of drugs, or refusals to submit to testing.
- Even a DWAI (Driving While Ability Impaired, a lesser offense under Colorado law) may trigger employer action or result in insurance problems.
Fighting to Save Your CDL
The good news is that a DUI charge is not the same as a conviction. With an experienced Colorado Springs DUI defense attorney, you may be able to:
- Avoid conviction entirely
- Reduce charges to a non-alcohol-related offense (though this may still carry CDL risks)
- Challenge the legality of the traffic stop or chemical test
- Win your DMV hearing and retain your commercial driving privileges
Let’s break down a few legal defenses that could protect your CDL.
Illegal Stop or Search
If law enforcement lacked reasonable suspicion to stop you or probable cause to request a test, your case may be thrown out. This is a strong constitutional defense we often use in DUI cases.
Improper Administration of the Breath or Blood Test
Breathalyzers must be calibrated and operated correctly. Blood tests must be conducted with proper chain of custody. Any errors here can render results inadmissible.
Rising BAC Defense
If your BAC was below the legal limit while driving but rose above it during testing, you may have a defense. This is particularly relevant in cases involving short time frames or recent alcohol consumption.
Medical Conditions or Alternative Explanations
Certain medical conditions can mimic signs of intoxication or produce false positives. Acid reflux, diabetes, and medications can all complicate test results.
Administrative Hearing Strategy
Winning your DMV hearing can preserve your commercial license even while your criminal case proceeds. We aggressively challenge license revocations in these hearings, which are separate from the court system.
Getting a CDL Back After a DUI?
If you’ve already been convicted, your ability to restore your CDL depends on the number of offenses and specific circumstances of your case.
First-Time Offenders
- May reapply after 1 year
- Must complete all court-ordered education and treatment
- May face conditions from insurance or employers
Second-Time Offenders
- Typically receive a lifetime disqualification
- May petition for reinstatement after 10 years if no further violations have occurred and specific criteria are met
You Need a Skilled DUI Defense Attorney in Colorado Springs
CDL cases demand more than a standard DUI defense. You need a criminal defense lawyer who understands:
- DOT regulations
- FMCSA reporting requirements
- Colorado DMV administrative procedures
- Commercial driver employment standards
- How to negotiate strategically for outcomes that protect your future
At The Bussey Law Firm, P.C., we bring over 30 years of experience to the table. Attorney Timothy Bussey is a former prosecutor who has defended thousands of DUI cases. In fact, he’s one of only two attorneys in Colorado to hold the ACS Forensic Lawyer-Scientist designation, making him uniquely qualified to challenge chemical evidence.
Speak With Our Experienced DUI Attorneys in Colorado Springs
If you’re a commercial driver facing DUI charges in Colorado Springs, don’t wait until it’s too late. Immediate action can preserve your license, protect your record, and keep your career on track.
Call The Bussey Law Firm, P.C., today at (719) 475-2555 to schedule your free consultation with one of our DUI lawyers.
